13ARules of evidence

13A Rules of evidence To remove any doubt, the Magistrates Court need not comply with the rules of evidence applying in the ACT in a proceeding under this Act. Note The Magistrates Court may inform itself in any way it considers appropriate in a proceeding for a family violence order (see s 65).

Division 3.1 Matters to be considered when making family violence orders Division 3.1 Matters to be considered when making family violence orders 14 Matters to be considered—family violence orders (1) In deciding whether to make a family violence order, a court must consider the following: (a) the objects of this Act in section 6; (b) the affected person’s perception of the nature and seriousness of the respondent’s alleged conduct; (c) the welfare of any child that is an affected person; (d) the accommodation needs of the affected person and any child of the affected person or respondent; (e) any hardship that may be caused to the respondent or anyone else by the making of the order; (f) any previous family violence or personal violence by the respondent in relation to the affected person or anyone else; (g) any previous family violence order made in relation to the (h) any previous contravention of a family violence order by the (i) the need to ensure that property is protected from damage.

Matters to be considered when making family violence orders Division 3.1 (2) The court may also consider anything else the court considers relevant. (3) A failure of the court to comply with subsection (1) in relation to a family violence order does not affect the validity of the order. family violence order— (a) means a protection order or an after-hours order under this Act; and (b) includes the following: (i) a protection order under the Personal Violence Act 2016; (ii) a protection order under the Domestic Violence Agencies Act 1986 as in force at any time; (iii) a protection order under the Domestic Violence and Protection Orders Act 2001 as in force at any time; (iv) a protection order under the Domestic Violence and Protection Orders Act 2008 as in force at any time; (v) a restraining order under the Magistrates Court Act 1930 before 27 March 2002; (vi) an order under a law of a State, another Territory or New Zealand that has or had the same effect, or substantially the same effect, as a protection order under this Act or a protection order under the Personal Violence Act 2016.